And
if 1, or any body else, shall claim freedom, as derived from
them, it will be very hard to prove the contrary: and it is
plain, the law, that has made no distinction between the one and
the other, intends not there should be any difference in their
freedom or privileges.
Sec. 178. But supposing, which seldom happens, that the
conquerors and conquered never incorporate into one people, under
the same laws and freedom; let us see next what power a lawful
conqueror has over the subdued: and that I say is purely
despotical. He has an absolute power over the lives of those who
by an unjust war have forfeited them; but not over the lives or
fortunes of those who engaged not in the war, nor over the
possessions even of those who were actually engaged in it.
Sec. 179. Secondly, I say then the conqueror gets no power
but only over those who have actually assisted, concurred, or
consented to that unjust force that is used against him: for the
people having given to their governors no power to do an unjust
thing, such as is to make an unjust war, (for they never had such
a power in themselves) they ought not to be charged as guilty of
the violence and unjustice that is committed in an unjust war,
any farther than they actually abet it; no more than they are to
be thought guilty of any violence or oppression their governors
should use upon the people themselves, or any part of their
fellow subjects, they having empowered them no more to the one
than to the other.
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